A BILL to amend and reenact §5B-1-2 of the Code of West Virginia,
1931, as amended; to amend and reenact §5B-2-8 and §5B-2-9 of
said code; and to amend and reenact §5F-2-1 of said code, all
relating generally to Division of Tourism and Tourism
Commission; clarifying that Division of Tourism and the
Tourism Commission are separate entities within Department of
Commerce; modifying composition of Tourism Commission; and
modifying the Tourism Commission’s annual reporting
requirement.

Be it enacted by the Legislature of West Virginia:

That §5B-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §5B-2-8 and §5B-2-9 of said code be
amended and reenacted; and that §5F-2-1 of said code be amended and
reenacted, all to read as follows:

The Department of Commerce consists of the following agencies,
boards, commissions, divisions and offices, including all of the
allied, advisory, affiliated or related entities, which are
incorporated in and administered as part of the Department of
Commerce:

(1) Division of Labor provided in article one, chapter
twenty-one of this code, which includes:

(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with
the Office of the Governor:

(a) There is hereby createdcontinued within the West Virginia
Development OfficeDepartment of Commerce the Division of Tourism
and an independent Tourism Commission, which is a body corporate
and politic, constituting a public corporation and government
instrumentality. The commission consists of thirteen members:

(b) Prior to July 1, 2011, the Governor, by and with the
advice and consent of the Senate, shall appoint to the Tourism
Commission three members from the private sector to represent
participants in the state’s tourism industry, one for a term of
four years, one for a term of three years and one for a term of two
years.

(c) Commencing July 1, 2011, the Tourism Commission shall
consist of the following fifteen members with staggered terms:

(1) NineTwelve members to be appointed by the Governor, with
the advice and consent of the Senate, representing participants in
the state's tourism industry. At least sevenTen of the members
shall be from the private sector. Of the nine members so
appointed, one shall representbe a director employed by a
convention and visitors bureau and anotherone shall be a member of
a convention and visitors bureau. In making the appointments the
Governor may select from a list provided by the West Virginia
Hospitality and Travel Association of qualified applicants. Of the
ninetwelve members so appointed, no moreless than three shall be
from each congressional district within the state and shall be
appointed to provide the broadest geographic distribution which is
feasible;

(2) One member to be appointed by the Governor from the
membership of the Council for Community and Economic Development
created pursuant to the provisions of section two of this article;

(3)(2) One member to be appointed by the Governor to
represent public sector nonstate participants in the tourism
industry within the state;

(4)(3) The Secretary of Transportation or his or her
designee, ex officio; and

(5)(4) The Director of the Division of Natural Resources or
his or her designee, ex officio.

(b)(d) Each member appointed by the Governor shall serve
staggered terms of four years. Any member whose term has expired
shall serve until his or her successor has been appointed. Any
person appointed to fill a vacancy shall serve only for the
unexpired term. Any member shall be eligible for reappointment.
In cases of vacancy in the office of member, such vacancy shall be
filled by the Governor in the same manner as the original
appointment.

(c)(e) Members of the commission shall not be entitled to
compensation for services performed as members. A majority of
these members shall constitute a quorum for the purpose of
conducting business. The Governor shall appoint a chair of the
commission for a term to run concurrent with the term of the office
of the member appointed to be the chair. The chair is eligible for
successive terms in that position.

§5B-2-9. Powers and duties of tourism commission.

(a) The commission shall develop a comprehensive tourism
promotion and development strategy for West Virginia.
"Comprehensive tourism promotion and development strategy" means a
plan that outlines strategies and activities designed to continue,
diversify or expand the tourism base of the state as a whole;
create tourism jobs; develop a highly skilled tourism work force;
facilitate business access to capital for tourism; advertise and
market the resources offered by the state with respect to tourism
promotion and development; facilitate cooperation among local,
regional and private tourism enterprises; improve infrastructure on
a state, regional and community level in order to facilitate
tourism development; improve the tourism business climate
generally; and leverage funding from sources other than the state,
including local, federal and private sources.

(b) In developing its strategies, the commission shall
consider the following:

(2) Promotion of cooperation among municipalities, counties,
and the West Virginia infrastructure and jobs development council
in funding physical infrastructure to enhance the potential for
tourism development.

(c) The tourism commission shall have the power and duty:

(1) To acquire for the state in the name of the commission by
purchase, lease or agreement, or accept or reject for the state, in
the name of the commission, gifts, donations, contributions,
bequests or devises of money, security or property, both real and
personal, and any interest in such property, to effectuate or
support the purposes of this article;

(2) To make recommendations to the Governor and the
Legislature of any legislation deemed necessary to facilitate the
carrying out of any of the foregoing powers and duties and to
exercise any other power that may be necessary or proper for the
orderly conduct of the business of the commission and the effective
discharge of the duties of the commission;

(3) To cooperate and assist in the production of motion
pictures and television and other communications;

(4) To purchase advertising time or space in or upon any
medium generally engaged or employed for said purpose to advertise
and market the resources of the state or to inform the public at
large or any specifically targeted group or industry about the
benefits of living in, investing in, producing in, buying from,
contracting with, or in any other way related to, the state of West
Virginia or any business, industry, agency, institution or other
entity therein: Provided, That of any funds appropriated and
allocated for purposes of advertising and marketing expenses for
the promotion and development of tourism, not less than twenty
percent of the funds shall be expended with the approval of the
Director of the Division of Natural Resources to advertise, promote
and market state parks, state forests, state recreation areas and
wildlife recreational resources;

(5) To promote and disseminate information related to the
attractions of the state through the operation of the state's
telemarketing initiative, which telemarketing initiative shall
include a centralized reservation and information system for state
parks and recreational facilities; and

(6) To take such additional actions as may be necessary to
carry out the duties and programs described in this article.

(d) The commission shall submit a report annually to the
council for community and economic developmentSecretary of
Commerce, the Governor and the Legislature about the development of
the tourism industry in the state and the necessary funding
required by the state to continue the development of the tourism
industry.

(e) The executive director of the West Virginia development
officeCommissioner of the Division of Tourism shall assist the
commission in the performance of its powers and duties and the
executive director commissioner is hereby authorized in providing
this assistance to employ necessary personnel, contract with
professional or technical experts or consultants and to purchase or
contract for the necessary equipment or supplies.

(f) The commission shall promulgate legislative rules pursuant
to the provisions of chapter twenty-nine-a of this code to carry
out its purposes and programs, to include generally the programs
available, the procedure and eligibility of applications relating
to assistance under such programs and the staff structure necessary
to support such programs, which structure shall include the
qualifications for a professional staff person qualified by reason
of exceptional training and experience in the field of advertising
to supervise the advertising and promotion functions of the
commission, and shall further include provision for the management
of West Virginia welcome centers. The commission is further
authorized to promulgate procedural rules pursuant to said chapter
to include instructions and forms for applications relating to
assistance.

CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE

BRANCH OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.

§5F-2-1. Transfer and incorporation of agencies and boards; funds.

(a) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Administration:

(1) Building Commission provided in article six, chapter five
of this code;

(2) Public Employees Insurance Agency provided in article
sixteen, chapter five of this code;

(b) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Commerce:

(1) Division of Labor provided in article one, chapter
twenty-one of this code, which includes:

(2) Office of Miners' Health, Safety and Training provided in
article one, chapter twenty-two-a of this code. The following
boards are transferred to the Office of Miners' Health, Safety and
Training for purposes of administrative support and liaison with
the office of the Governor:

(5) Division of Forestry provided in article one-a, chapter
nineteen of this code;

(6) Geological and Economic Survey provided in article two,
chapter twenty-nine of this code; and

(7) Workforce West Virginia provided in chapter twenty-one-a
of this code, which includes:

(A) Division of Unemployment Compensation;

(B) Division of Employment Services;

(C) Division of Workforce Development; and

(D) Division of Research, Information and Analysis; and

(8) Division of Energy provided in article two-f, chapter
five-b of this code; and

(9) Division of Tourism and the Tourism Commission provided in
article two, chapter five-b of this code.

(c) The Economic Development Authority provided in article
fifteen, chapter thirty-one of this code is continued as an
independent agency within the executive branch.

(d) The Water Development Authority and Board provided in
article one, chapter twenty-two-c of this code is continued as an
independent agency within the executive branch.

(e) The following agencies and boards, including all of the
allied, advisory and affiliated entities, are transferred to the
Department of Environmental Protection for purposes of
administrative support and liaison with the office of the Governor:

(1) Air Quality Board provided in article two, chapter
twenty-two-b of this code;

(f) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Education and the Arts:

(g) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Health and Human
Resources:

(1) Human Rights Commission provided in article eleven,
chapter five of this code;

(7) Women's Commission provided in article twenty, chapter
twenty-nine of this code; and

(8) The Child Support Enforcement Division provided in chapter
forty-eight of this code.

(h) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Military Affairs and
Public Safety:

(11) Board of Probation and Parole provided in article twelve,
chapter sixty-two of this code; and

(12) Division of Veterans' Affairs and Veterans' Council
provided in article one, chapter nine-a of this code.

(i) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Revenue:

(11) The Office of Tax Appeals provided in article ten-a,
chapter eleven of this code; and

(12) The State Athletic Commission provided in article five-a,
chapter twenty-nine of this code.

(j) The following agencies and boards, including all of the
allied, advisory, affiliated or related entities and funds
associated with any agency or board, are incorporated in and
administered as a part of the Department of Transportation:

(1) Division of Highways provided in article two-a, chapter
seventeen of this code;

(2) Parkways, Economic Development and Tourism Authority
provided in article sixteen-a, chapter seventeen of this code;

(k) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the position of administrator and
the powers, authority and duties of each administrator and agency
are not affected by the enactment of this chapter.

(l) Except for powers, authority and duties that have been
delegated to the secretaries of the departments by the provisions
of section two of this article, the existence, powers, authority
and duties of boards and the membership, terms and qualifications
of members of the boards are not affected by the enactment of this
chapter. All boards that are appellate bodies or are independent
decision makers shall not have their appellate or independent
decision-making status affected by the enactment of this chapter.

(m) Any department previously transferred to and incorporated
in a department by prior enactment of this section means a division
of the appropriate department. Wherever reference is made to any
department transferred to and incorporated in a department created
in section two, article one of this chapter, the reference means a
division of the appropriate department and any reference to a
division of a department so transferred and incorporated means a
section of the appropriate division of the department.

(n) When an agency, board or commission is transferred under
a bureau or agency other than a department headed by a secretary
pursuant to this section, that transfer is solely for purposes of
administrative support and liaison with the Office of the Governor,
a department secretary or a bureau. Nothing in this section extends
the powers of department secretaries under section two of this
article to any person other than a department secretary and nothing
limits or abridges the statutory powers and duties of statutory
commissioners or officers pursuant to this code.

____________

(NOTE: The purpose of this bill is to clarify that Division
of Tourism is a separate division within the Department of
Commerce; to increase the number of members of the Tourism
Commission; and to change the makeup of the Commission.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)